14
(c)
"usual place of residence", in relation to a body corporate,
means the place where it is incorporated or otherwise legally
registered.
PART V - SECURE ELECTRONIC RECORDS AND SIGNATURES
15.
Secure electronic records
(1) Where a prescribed security procedure, or a commercially reasonable
security procedure agreed to by the parties involved, has been properly applied
to an electronic record to verify that the electronic record has not been altered
since a specified point in time, the record shall be treated as a secure electronic
record from such specified point in time to the time of verification.
(2) For the purposes of this section and section 16, whether a security
procedure is commercially reasonable shall be determined having regard to the
purposes of the procedure and the commercial circumstances at the time the
procedure was used, including -
16.
(a)
the nature of the transaction;
(b)
the sophistication of the parties;
(c)
the volume of similar transactions engaged in by either or all
parties;
(d)
the availability of alternatives offered to but rejected by any party;
(e)
the cost of alternative procedures; and
(f)
the procedures in general use for similar types of transactions.
Secure electronic signatures
Where, in the application of a prescribed security procedure or a
commercially reasonable security procedure agreed to by the parties involved, it
can be verified that an electronic signature was, at the time it was made (a)
unique to the person using it;
(b)
capable of identifying such person;
(c)
created in a manner or using a means under the sole control of the
person using it; and